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Books > Law > Jurisprudence & general issues > Comparative law
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How European is European Private International Law - Sources, Court Practice, Academic Discourse (Hardcover)
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How European is European Private International Law - Sources, Court Practice, Academic Discourse (Hardcover)
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Over the course of the last few decades, the European legislature
has adopted a total of 18 Regulations in the area of private
international law, including civil procedure. The resulting
substantial legislative unification has been described as the first
true 'Europeanisation' of private international law, and even as a
kind of 'European Choice of Law Revolution'. However, it remains
largely unclear whether the far-reaching unification of the 'law on
the books' has turned private international law into a truly
European 'law in action': To what extent is European private
international law actually based on uniform European rules common
to all Member States, rather than on state treaties or instruments
of enhanced cooperation? Is the manner in which academics and
practitioners analyse and interpret European private international
law really different from previously existing domestic approaches
to private international law? Or, rather, is the actual application
and interpretation of European private international law still
influenced, or even dominated, by national legal traditions,
leading to a re-fragmentation of a supposedly uniform body of
law?In bringing together academics from all over Europe, How
European is European Private International Law? sets out to answer
for the first time these crucial and interrelated questions. It
sheds light on the conspicuous lack of 'Europeanness' currently
symptomatic of European private international law and discusses how
this body of law can become truly European in character in the
future.
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